HOUSE BILL 22-1308
BY REPRESENTATIVE(S) McCormick, Amabile, Bacon, Bernett, Herod,
Hooton, Lindsay, Lontine, McCluskie, McLachlan, Michaelson Jenet,
Ricks, Titone, Young, Kipp, Woodrow;
also SENATOR(S) Donovan, Fields, Hinrichsen, Jaquez Lewis, Pettersen,
Rankin, Simpson, Story, Winter.
C
ONCERNING THE CREATION OF THE COLORADO AGRICULTURAL
WORKFORCE SERVICES PROGRAM IN THE DEPARTMENT OF
AGRICULTURE TO PROVIDE RESOURCES SPECIFIC TO AGRICULTURAL
EMPLOYMENT
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
hereby finds that:
(a) Agriculture is one of the largest and most significant economic
sectors in Colorado;
(b) Agricultural employers and agricultural employees have the right
to safe, dignified working conditions, and their economic needs are
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. interdependent;
(c) Farms and ranches must be economically viable in order to offer
competitive wages for their employees and spread economic success within
their communities and to the next generation; and
(d) Agricultural employees should expect fair wages that can lead
to healthy, safe, and prosperous lives.
(2) The general assembly therefore declares that the state should
establish a multilingual online resource portal to offer services, technical
assistance, training, and educational resources for agricultural employers
and agricultural employees in order to:
(a) Improve working conditions;
(b) Ensure compliance with, and implementation of, state and
federal labor laws, including newly enacted labor laws and regulations; and
(c) Allow agricultural employees to gain an understanding of the
rights they are afforded.
SECTION 2. In Colorado Revised Statutes, add 35-1-104.7 as
follows:
35-1-104.7. Colorado agricultural workforce services program
- online resource portal - definitions. (1) T
HE COLORADO AGRICULTURAL
WORKFORCE SERVICES PROGRAM IS CREATED IN THE DEPARTMENT
. THE
PROGRAM INCLUDES THE ONLINE RESOURCE PORTAL DESCRIBED IN
SUBSECTION
(3) OF THIS SECTION.
(2) T
HE DEPARTMENT SHALL ADMINISTER THE PROGRAM IN
ACCORDANCE WITH THIS SECTION
.
(3) (a) A
S PART OF THE PROGRAM, THE DEPARTMENT MAY ESTABLISH
ON ITS OFFICIAL WEBSITE A PUBLICLY AVAILABLE PAGE THAT INCLUDES A
PORTAL TO RESOURCES FOR USE BY AGRICULTURAL EMPLOYEES AND
AGRICULTURAL EMPLOYERS
. THE DEPARTMENT SHALL ENSURE THAT THE
RESOURCES OF THE PORTAL ARE AVAILABLE IN BOTH
ENGLISH AND SPANISH.
PAGE 2-HOUSE BILL 22-1308 (b) FOR THE PURPOSES OF THE ONLINE PORTAL DESCRIBED IN THIS
SUBSECTION
(3), THE DEPARTMENT MAY CURATE VIDEO MODULES AND
OTHER RESOURCES TO HELP AGRICULTURAL EMPLOYERS COMPLY WITH
LABOR LAWS
, INCLUDING THE SECTIONS SPECIFIED IN SUBSECTION (3)(d)(II)
OF THIS SECTION, AND HELP AGRICULTURAL EMPLOYEES UNDERSTAND THE
RIGHTS THEY ARE AFFORDED
, INCLUDING LINKS TO RELEVANT STATE
AGENCIES AND NONGOVERNMENTAL ORGANIZATIONS
.
(c) T
HE DEPARTMENT MAY INCLUDE IN THE ONLINE PORTAL
INFORMATION AND RESOURCES CONCERNING
:
(I) A
GRICULTURAL EMPLOYEE SAFETY AND WORKING CONDITIONS ;
(II) A
GRICULTURAL EMPLOYEE LABOR RIGHTS ;
(III) M
ENTAL HEALTH;
(IV) A
GRICULTURAL EMPLOYERS ' LABOR REQUIREMENTS; AND
(V) OTHER RESOURCES FOR AGRICULTURAL EMPLOYEES OR
AGRICULTURAL EMPLOYERS
.
(d) T
HE DEPARTMENT SHALL INCLUDE IN THE ONLINE PORTAL
INFORMATION REGARDING
:
(I) A
WAGE AND HOUR CALCULATOR ; AND
(II) THE REQUIREMENTS OF SECTIONS 8-6-101.5, 8-6-120,
8-13.5-202,
8-13.5-203, AND 8-14.4-109.
(e) I
N ESTABLISHING AND MAINTAINING THE ONLINE PORTAL
DESCRIBED IN THIS SUBSECTION
(3), THE DEPARTMENT MAY CONSULT WITH
THE
COLORADO COOPERATIVE EXTENSION SERVICE DESCRIBED IN PART 7 OF
ARTICLE
31 OF TITLE 23.
(4) (a) F
OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL
ASSEMBLY SHALL APPROPRIATE ONE HUNDRED T HOUSAND DOLLARS FROM
THE GENERAL FUND TO THE DEPARTMENT TO IMPLEMENT THE ONLINE
RESOURCE PORTAL DESCRIBED IN SUBSECTION
(3) OF THIS SECTION. ANY
UNUSED MONEY DOES NOT REVERT TO THE GENERAL F UND BUT IS
PAGE 3-HOUSE BILL 22-1308 CONTINUOUSLY APPROPRIATED TO THE DEPARTMENT .
(b) T
HE DEPARTMENT IS AUTHORIZED TO SEEK, SOLICIT, ACCEPT, AND
EXPEND GIFTS
, GRANTS, AND DONATIONS FOR THE PURPOSES OF THIS
SECTION
.
(5) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "A
GRICULTURAL EMPLOYEE " HAS THE MEANING SET FORTH IN
SECTION
8-2-206 (1)(b).
(b) "A
GRICULTURAL EMPLOYER " HAS THE MEANING SET FORTH IN
SECTION
8-3-104 (1).
(c) "P
ROGRAM" MEANS THE COLORADO AGRICULTURAL WORKFORCE
SERVICES PROGRAM CREATED IN SUBSECTION
(1) OF THIS SECTION.
SECTION 3. Appropriation. (1) For the 2022-23 state fiscal year,
$100,000 is appropriated to the department of agriculture. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $29,086 for use by the commissioner's office and administrative
services for personal services, which amount is based on an assumption that
the office will require an additional 0.4 FTE; and
(b) $70,914 for use by the agricultural markets division for the
agriculture workforce development program.
(2) For the 2022-23 state fiscal year, $42,859 is appropriated to the
department of labor and employment for use by the division of labor
standards and statistics. This appropriation is from the general fund and is
based on an assumption that the division will require an additional 0.5 FTE.
To implement this act, the division may use this appropriation for program
costs related to labor standards.
SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
PAGE 4-HOUSE BILL 22-1308 that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-HOUSE BILL 22-1308